42 U.S.C. § 6991e | Federal enforcement

(a)

Compliance orders

(1)

Except as provided in paragraph (2), whenever on the basis of any information, the Administrator determines that any person is in violation of any requirement of this subchapter, the Administrator may issue an order requiring compliance within a reasonable specified time period or the Administrator may commence a civil action in the United States district court in which the violation occurred for appropriate relief, including a temporary or permanent injunction.

(2)

section 6991c of this title In the case of a violation of any requirement of this subchapter where such violation occurs in a State with a program approved under , the Administrator shall give notice to the State in which such violation has occurred prior to issuing an order or commencing a civil action under this section.

(3)

If a violator fails to comply with an order under this subsection within the time specified in the order, he shall be liable for a civil penalty of not more than $25,000 for each day of continued noncompliance.

(b)

Procedure

Any order issued under this section shall become final unless, no later than thirty days after the order is served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures.

(c)

Contents of order

Any order issued under this section shall state with reasonable specificity the nature of the violation, specify a reasonable time for compliance, and assess a penalty, if any, which the Administrator determines is reasonable taking into account the seriousness of the violation and any good faith efforts to comply with the applicable requirements.

(d)

Civil penalties

(1)

section 6991a(a) of this title Any owner who knowingly fails to notify or submits false information pursuant to shall be subject to a civil penalty not to exceed $10,000 for each tank for which notification is not given or false information is submitted.

(2)

Any owner or operator of an underground storage tank who fails to comply with—

(A)

section 6991b of this title any requirement or standard promulgated by the Administrator under ;

(B)

section 6991c of this title any requirement or standard of a State program approved pursuant to ;

(C)

section 6991b(g) of this title 1

1 So in original. The word “or” probably should not appear.

the provisions of (entitled “Interim Prohibition”); or 

(D)

2 So in original. Two subpars. (D) have been enacted.

section 6991b(i) of this title 3

3 So in original. The comma probably should be a semicolon.

  the requirements established in , 

(D)

²section 6991i of this title  the training requirements established by States pursuant to (relating to operator training); or

(E)

section 6991k of this title the delivery prohibition requirement established by ,

section 6991k of this titleshall be subject to a civil penalty not to exceed $10,000 for each tank for each day of violation. Any person making or accepting a delivery or deposit of a regulated substance to an underground storage tank at an ineligible facility in violation of shall also be subject to the same civil penalty for each day of such violation.

(e)

Incentive for performance

Both of the following may be taken into account in determining the terms of a civil penalty under subsection (d):

(1)

section 6991c of this title The compliance history of an owner or operator in accordance with this subchapter or a program approved under .

(2)

Any other factor the Administrator considers appropriate.

Pub. L. 89–272, title II, § 9006 Pub. L. 98–616, title VI, § 601(a)Nov. 8, 198498 Stat. 3285 Pub. L. 109–58, title XVAug. 8, 2005119 Stat. 1096(, as added , , ; amended , §§ 1524(c), 1526(d), 1527(b), 1530(d), , , 1098, 1099, 1104.)

Editorial Notes

Amendments

Pub. L. 109–58, § 1527(b)(2)section 6991k of this title2005—Subsec. (d)(2). , inserted at end “Any person making or accepting a delivery or deposit of a regulated substance to an underground storage tank at an ineligible facility in violation of shall also be subject to the same civil penalty for each day of such violation.”

Pub. L. 109–58, § 1530(d)(1)Pub. L. 109–58, § 1524(c)(1)Subsec. (d)(2)(B). , which directed amendment of subpar. (B) by striking out “or” at end, could not be executed because “or” did not appear subsequent to amendment by . See below.

Pub. L. 109–58, § 1524(c)(1), struck out “or” at end.

Pub. L. 109–58, § 1530(d)(2)Subsec. (d)(2)(C). , inserted “; or” at end.

Pub. L. 109–58, § 1530(d)(3)section 6991b(i) of this titleSubsec. (d)(2)(D). , added subpar. (D) relating to requirements established in .

Pub. L. 109–58, § 1524(c)(2)section 6991i of this title, added subpar. (D) relating to training requirements established by States pursuant to .

Pub. L. 109–58, § 1527(b)(1)Subsec. (d)(2)(E). , added subpar. (E).

Pub. L. 109–58, § 1526(d)Subsec. (e). , added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

section 1530(d) of Pub. L. 109–58Aug. 8, 2005section 1530(b) of Pub. L. 109–58 section 6991b of this titleAmendment by effective 18 months after , see , set out as a note under .